In re Rafael S. CA1/2

Filed 6/18/14 In re Rafael S. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO

In re Rafael S., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, A140698 Plaintiff and Respondent, (San Francisco County v. Super. Ct. No. JW106568) Rafael S., Defendant and Appellant.

Rafael S., born on January 14, 1996, was a minor at the time of the subject proceedings below. He appeals from the juvenile court’s January 3, 2014 order, in which the court denied his request to be placed in the Juvenile Collaborative Re-Entry Unit Program (JCRU), placing him in the Serious Offender Program (SOP) instead, subject to all of the programs and recommendations of JCRU still being provided to him. The court also ordered him to wear an alcohol monitor, called a “S.C.R.A.M.” monitor, on his leg, over his counsel’s objection. Rafael S.’s appellate counsel raises no issues and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436 (Wende). In accordance with Wende and Anders v. California (1967) 386 U.S. 738, Rafael S. was informed of his right to file a supplemental brief, which he has not done. Upon independent review of the record, we conclude no arguable issues are presented for review and affirm the court’s order.

1

DISCUSSION In his Wende brief, Rafael S. incorporates by reference the statement of the case and statement of facts contained in another appeal he filed, A139680, which has been dismissed. That briefing and the record accompanying this appeal indicate that in November 2010, the San Francisco District Attorney filed a petition pursuant to Welfare and Institutions Code section 602, in which it was alleged that Rafael S. had committed a number of criminal offenses. Several documents contained in the record from this time period indicate Rafael S. had a significant substance abuse problem that included alcohol consumption. A November 2010 detention hearing report states that “mother believes that Rafael engages in substance abuse (ie: marijuana, alcohol and cocaine),” which the probation department repeated in a response to a motion for release report a short time later. (Italics added.) A needs and strengths summary by a social worker with the San Francisco AIIM Higher Program states that Rafael S. had a “pervasive substance abuse” problem. The probation department’s jurisdictional hearing report states, “[Rafael S.’s] behavior is so out of control with major substance abuse that . . . [he] is most certainty [sic] doomed to recidivate.” In November 2010, Rafael S. admitted to committing felony grand theft and to a weapon-related enhancement; the court sustained these allegations and dismissed the others contained in the petition. The court declared him a ward, ordered out-of-home placement, and put him on formal probation, subject to various conditions. Rafael S. ran away from his first placement, was arrested, and was detained in juvenile hall. The court approved a change in his medication in an effort to control his extreme agitation. Several months later, he was placed in Normative Youth Services in Wyoming, a highly structured program for male youth. In May 2012, he successfully completed the program and was allowed to return to his mother’s home on a trial basis. In November 2012, the court placed Rafael S. with his mother.